Sen. Cory Booker (D-NJ) announced a plan on Thursday to use the presidency’s expansive pardon and clemency powers to reform the crook justice system and cut back the struggle on drugs — without Congress — if he were to end up president. Booker’s plan calls for granting an early launch to as many as 17,000 to 20,000 humans in federal prison for drug offenses and organizing a panel in the White House that would make recommendations for more clemency packages in the longer term.
Since the plan relies solely on presidential powers, none of this would require Congress. As Rachel Barkow, a New York University regulation professor and expert on clemency, previously advised me, “No count in which the Senate or House goes, clemency is a remarkable place for a president to use for crook justice reform.” Sen. Amy Klobuchar (D-MN) mentioned a similar clemency reform plan in advance this year as a part of her own presidential bid. But Booker’s plan differs in a few ways, mainly through targeting unique classes of people in federal prison.
In total, as many as 17,000 to 20,000 people in those classes might benefit, in step with the Booker marketing campaign. They would include humans for marijuana-associated offenses, people who would enjoy the latest sentencing reforms inside the First Step Act if they have been implemented retroactively, and those incarcerated under crack cocaine sentencing penalties that remain harsher than the ones for powder cocaine. These people might not be assured of an early launch. They could be considered for it — either once they follow up on their personal or after federal businesses, below Booker’s government order, perceive them. They’d be launched most effectively if they’re deemed not to pose a public protection risk.
